By Namkeen Peshawri – Trans Rights Activist & Founder, Trans Support Group Pakistan
Transgender Rights and Policies in Pakistan: Progress, Challenges, and Support Mechanisms
Introduction
Transgender individuals in Pakistan have historically faced marginalization, discrimination, and violence. For decades, they were denied basic rights such as education, healthcare, employment, and legal recognition. However, in recent years, Pakistan has taken significant legislative and social steps toward ensuring greater inclusion and protection of transgender people. Despite these advances, many challenges remain, and meaningful support mechanisms are still in early stages of development.
Legal and Policy Framework
The Transgender Persons (Protection of Rights) Act, 2018
One of the landmark achievements in Pakistan’s human rights journey was the enactment of the Transgender Persons (Protection of Rights) Act in 2018. This progressive law provides a broad legal framework to protect the rights of transgender individuals, including:
Right to self-identify one’s gender on national identity documents (CNICs, passports).
Anti-discrimination provisions in education, healthcare, employment, and public services.
Inheritance rights under Islamic and civil law (although this remains contentious in implementation).
Establishment of protection centers and safe houses for vulnerable transgender individuals.
Other Government Initiatives
NADRA’s Role: The National Database and Registration Authority (NADRA) allows transgender individuals to register their gender identity officially.
Employment Quotas: Some provincial governments (notably in Punjab and Sindh) have proposed job quotas for transgender persons in the public sector.
Health Insurance Schemes: The Sehat Sahulat Program has been extended in some regions to include transgender citizens, aiming to improve their access to medical care.
Challenges and Gaps in Implementatio
Despite progressive laws, ground realities often paint a grim picture. Key challenges include:
Social Stigma and Discrimination: Deep-rooted cultural biases and religious misinterpretations fuel widespread discrimination against transgender persons.
Violence and Harassment: Transgender individuals, especially those in public-facing or informal sectors (e.g., dancing, begging), are at risk of physical and sexual violence.
Lack of Awareness Among Authorities: Many officials, including police and healthcare providers, lack training or awareness about transgender rights, leading to systemic neglect.
Judicial and Religious Backlash: In 2023, a series of legal challenges were raised against the 2018 Act, especially concerning the right to self-identify gender. Religious groups have demanded amendments, leading to uncertainty about the law’s future.
Support Mechanisms and Civil Society Involvement
Government-Led Support
Shelter Homes (Panahgahs): Some transgender persons have access to government shelters, although these are often gender-segregated and not always inclusive of trans people.
Vocational Training: Punjab’s Social Welfare Department and TEVTA have launched skill development programs specifically for transgender individuals.
Transgender Protection Centers: Though promised under the 2018 Act, only a few such centers are operational or fully functional as of now.
NGOs and Community-Based Organizations
Several NGOs have emerged as key players in advocacy, legal aid, and social services:
TransAction Pakistan (Khyber Pakhtunkhwa): Offers legal support, health awareness, and lobbies for policy reform.
Gender Interactive Alliance (Karachi): Works on health access, CNIC registration, and media representation.
Blue Veins: Engaged in advocacy and sensitization of law enforcement and the judiciary.
Media and Cultural Representation
In recent years, some positive transgender representation has emerged in dramas, films, and digital media. While still limited, this is a step toward humanizing transgender narratives and reducing stigma.
What Needs to Be Done
Full Enforcement of the 2018 Act: The law exists, but implementation is sporadic and uneven across provinces.
Legal Clarity and Protection from Rollback: The law must be protected from religious and judicial pushback that undermines transgender rights.
Public Awareness Campaigns: Education through schools, media, and community engagement is essential to change attitudes.
Capacity Building for Institutions: Police, judiciary, healthcare workers, and social service providers need sensitivity training.
Transgender Inclusion in Policy Making: Transgender voices must be included at every level of governance and law-making.
Conclusion
Pakistan has made notable strides in acknowledging the rights of transgender individuals. The Transgender Persons (Protection of Rights) Act, 2018, stands as a bold and progressive piece of legislation in South Asia. Yet, for many transgender Pakistanis, daily life remains fraught with insecurity and exclusion.
The road ahead requires not just policy reform but a fundamental shift in societal attitudes. Continued efforts by civil society, strengthened institutional support, and a genuine political will can pave the way for a more inclusive and just Pakistan for all gender identities.
